Hit and run accidents result in well over 1,000 casualties a year in the United States. A hit and run can be one of the most traumatic and damaging incidents that you might experience, but you don’t have to settle for being helpless. By knowing the right steps to take following the incident, you can greatly improve your chances for recovering compensation for your suffering and property damage. With a car accident attorney by your side to protect your rights, your chances improve exponentially. Here are five things to keep in mind if you’re the victim of a hit and run accident:

1. Damage caused to your unattended vehicle by an unknown driver counts as a hit and run. A hit and run can be categorized by either:
2. Another driver hitting you and continuing on without stopping or
3. The failure to share information with you after hitting your car while you were absent.

Many drivers are unable to receive justice for their hit and run victimization due to being unable to get a fleeing driver to come back after striking them on the road. In most cases, the victim must use their own insurance coverage to repair or replace their property.

2. Note the at-fault vehicle’s model, make, and license plate number.

Even though a hit-and-run accident can be a very stressful situation, you still need to make sure that you record as much relevant information as possible. This can help build a strong case or even help track down the negligent driver and hold them accountable.

3. Eye witness accounts from the scene of the crime can be incredibly valuable.

Not only should you make sure to record information regarding the other driver’s vehicle, you’ll also want to make sure to communicate with any witnesses on the scene as well.

1. Get the names and contact information of everybody who was at the scene so that you have as much support as possible in building up the credibility of your case.
2. If you’re lucky, you may even find that witnesses are able to fill in information that slipped your mind. At the very least, get their name and phone number.
3. Ideally, video record their recollection of what happened by using the videotaping feature on your cell phone.
4. In the absence of a cell phone, ask them to write down what happened while you are there with them. Also ask them to sign and date their written account. You will need to present this to your car accident attorney if you decide to pursue legal action or an insurance claim.

4. It’s essential to take pictures and/or video of the damage and the crash scene.

In addition to taking down all of the written information that you can, make a point to get photographic evidence as well. Take pictures from as many different angles of your damaged vehicle as possible, leaving no shadow of doubt as to what the extent of the crash was. Also get photos and/or video of the road and anything else of relevance to the accident.

In a case where witness support is slim, having a photograph that shows the paint of the other driver’s car on your vehicle can be very helpful.

5. The exact crash time and location are vital elements of your case.

Don’t fail to note the accurate time and location of the crash. If you’re not next to any specific specific address when the hit-and-run happens, reporting the nearest intersection and any nearby establishments can be vital. Also note weather and road surface conditions.

Your first priority should be to contact the police and/or ambulance immediately. By filing an accident report (with the support of information from any witnesses on the scene) you can expedite the process of receiving auto claim benefits. If you have concerns about collecting compensation for an accident you didn’t cause, contact a car accident lawyer Minneapolis MN relies on as soon as possible.

Thanks to our friends and contributors from Johnston Martineau PLLP for their insight into hit and run accident cases.

When a driver crashes into private property, another vehicle, or a pedestrian, and leaves the scene without providing aid, identifying themselves, or both, such a situation is referred to as a hit-and-run accident. According to the NHTSA, about 11 out of 100 auto accidents fall under the category of hit-and-run accidents, of which 4.3 percent result in fatal injuries and death.

Failing to stop after an accident is considered a criminal offense in all 50 states. The crime can be a felony or a misdemeanor, based on the particular circumstances of the accident. However, both of these charges can lead to incarceration in a state prison or county jail, along with a hefty fine. In some cases, at-fault drivers are given the option to perform community service to avoid incarceration.

What to do after a Hit and Run Accident

If you were involved in an accident with another vehicle and the other driver fled the scene, it can be difficult to control emotions, like anger and frustration, but you need to act wisely. Here is what you should do following the accident:

Gather Information

The first thing you should do is obtain as much information as you can about the other vehicle. This may include the color, make, and model of the car, the license plate number, and the description of the driver. If there were other people who witnessed the accident, there is a good chance that they may have seen what and how everything happened in more detail. Ask for their contact information and ask them whatever they can tell you about the whole incident.

Get the Local Police Involved

Your next step should be to call the police. Since a hit-and-run accident is a serious offense, you need to make a police report and provide all the information you have about the incident. Working with the police dramatically increases the chances of the responsible party being apprehended, after which a criminal or civil case is filed based on the circumstances of the accident. Moreover, it is a good idea to document the incident yourself by making a video or taking a few pictures of your vehicle, showing the damages you have sustained for later reference.

Inform Your Insurance Company about the Accident

Modern vehicles now feature a wide range of safety features designed to protect passengers from serious injury in case of an accident. Airbags are generally one of the most important of these safety features and have saved countless lives since they became standard a few decades ago. Unfortunately, in some cases these airbags fail to deploy properly during an accident, which can potentially result in serious injuries or even death. In this case, it may be possible to sue the auto manufacturer for damages should the airbag failure be related to a specific defect or flaw.

A Quick Introduction to Automotive Liability Cases

The National Highway Transportation Safety Administration (NHTSA) inspects and regulates the automotive industry to ensure that all vehicles meet certain safety standards and requirements. However, it is also up to the manufacturers themselves to make sure that their vehicles meet these requirements.

Of course, this doesn’t always happen, which is why manufacturers are continually forced to issue recalls for faulty and defective parts. The problem is that many of these flaws are only discovered after investigations into tragic accidents eventually reveal the defect. When this happens, the manufacturers may be held liable for any damages that result due to the faulty part. Still, in order for an automotive liability case to proceed, the investigation must first conclusively prove that the accident or injury was a direct result of a defect in a specific part or overall design.

Suing for Damages Due to Faulty Air Bags

When the airbags fail to deploy in an accident, the fault could lie with the manufacturer of the vehicle, the airbag sensors, or the airbag itself. Therefore, it is always necessary to determine exactly what caused the problem as this will reveal which company or companies may be liable. Unfortunately, this generally requires an extensive investigation, which means that automotive liability cases tend to be quite costly.

Nonetheless, these types of cases become much easier when the defect causes numerous problems and eventually leads to a wide recall. In this case, the litigation is much simpler since the manufacturer will have already admitted fault by being forced to issue the recall. This actually happens incredibly frequently, and in fact, the NHTSA notes that record numbers of vehicles continue to be recalled each year.

Still, when this is not the case and a full investigation is necessary, it is usually only worth pursuing a court case when the accident resulted in more severe injuries. If no major injuries were sustained as a result of the airbags failing to deploy, it is generally not worth suing the manufacturer since the damage claim will be minor. Of course, if you or a loved one suffered from serious, traumatic or even fatal injuries as a result of the airbag failure, you have every reason to seek compensation.

Determining Liability

Most manufacturers attempt to protect themselves from this type of litigation by not actually making any specific guarantees about exactly when the airbags should deploy.

• Drivers tend to think that their airbag will deploy in any accident, but the actual legal language the manufacturers use tends to avoid making any such claim.
• If you were in an accident and your airbag didn’t deploy when you feel it should have, hiring a car accident lawyer DC trusts is usually the first step towards proving that what you say is true.
• In most cases, a litigation expert will consult with automotive engineers who can confirm that the airbag should have deployed.
• Under certain circumstances, it may not even be necessary to determine the reason that the airbags didn’t deploy. If an engineer can testify that the airbags should have deployed based on the type of accident and your speed, your case will be greatly strengthened and you’ll have a much better chance of being awarded a damage claim.

The size of the damage claim depends on the extent and severity of the resultant injuries and can be quite significant in cases of death. Of course, nothing can ever bring back your loved one or take back any pain and suffering, but at least you can ensure that the manufacturer is held responsible. If you or a loved one suffered a serious injury due to an airbag malfunction, consider contacting a personal injury attorney right away.

Thanks to our friends and contributors from The Law Firm of Frederick J. Brynn, P.C. for their insight into airbag accidents and personal injury cases.

• It can happen in remote locations along the highway, and accidents may not always be the result of intentional acts. But, there are often intentional acts of the aggressive motorist that ultimately lead to a crash.
• Motorcyclists do not have the same level of protection as when riding in passenger vehicles. For bikers, even a seemingly minor crash can result in serious injuries that can impact the rider for life.
• Road rage incidents almost inevitably will be contentious in terms of assigning liability or fault. As a result, a victim’s injury claim may be denied. This is why it is important to have an experienced motorcycle accident attorney handling your claim.

• Pure comparative means that anyone injured in an accident can recover a percentage of their damages if they are not 100% responsible for the motorcycle accident.
• Negligence does not always apply in states that use “no fault” insurance law, as injured claimants file with their personal insurance company first before the case is evaluated for recovering additional damages.
• The opportunity to file for additional negligence damages is often allowed in road rage cases because many times one party is the aggressor and the other is the respondent driver.
• The challenge for the court, and for the jury if a case goes to trial, is to determine who instigated the crash.
• The final assessment of who is the negligent party, and by what percentage they are at fault, is considered in a settlement agreement.

Even a minor accident can have lasting effects when it comes to neck and spine injuries. The most common injury after an accident is whiplash.  Whiplash causes the muscles around the spine to tighten as protection.  Continual tension in this area can cause the muscles to shorten, which then leads to pain, loss of motion, and headaches.  If uncorrected, whiplash can even have compromising effects on your posture.

Stretching:

Stretching is the best way to reduce and prevent pain.  Levator scapula stretches help to lengthen this muscle where it attaches to your shoulder-blade (scapula), offering better range of motion and a more relaxed position. This, in turn, will help you to maintain proper posture by keeping your neck and shoulders neutral, relaxed, and the muscles elongated.

Practice Good Posture:

Consider your typical position when seated.  Is your neck elongated?  Are your shoulders tight and curved?  Consider your standing position, as well.  Do you round your shoulders there, too?  Oftentimes we do so because correct posture is painful, since we have become stuck in a cycle of improper body mechanics.  Instead, when seated, be conscious of your body.  Think about your neck, shoulders, and spine.  Our body’s optimal position is to have our spine aligned, top to bottom, and our neck in a neutral but straight position.  We also do well to consider how much weight we are placing on our hips when we sit; if our back is not properly aligned, our hips will bear the brunt of this, too.  The same principles apply to our standing posture, as well.

The mid back and the low back (lumbar spine) can also be aggravated after the incident, since an accident can shift the pelvis during impact.  After such big changes, the entire top of your body is being supported by the lumbar spine in a seated position.
Seeking Help:
Enlisting the help of an experienced neck pain doctor Rockville MD relies on can be an important first step to recovery. They can evaluate your injury and develop a holistic approach to healing that can expedite your treatment and get you back on your feet sooner. They can also help educate you on the best stretches and posture exercises for your specific injury, so you can better treat yourself at home.

Thanks to our friends and contributors from Pain & Arthritis Relief Center for their insight into neck injuries after an accident.

Premises liability is the legal concept that property owners have a duty to their visitors and guests to ensure that the property has no unreasonable dangers, such as tripping or falling hazards. If a property owner fails in this duty to maintain adequately safe conditions, and this failure is the cause of injury to a person visiting their property, premises liability gives the victim of these injuries a pathway to recover compensation for the damage inflicted upon them.

One of the responsibilities of property owners, especially owners of public places that receive large amounts of foot traffic, is to clearly mark any potential tripping or slipping hazards. This is why stores often keep “wet floor” signs on areas that have been recently moped, or why short steps are often painted yellow to be sure that they are obvious to people passing by. The general standard is that the property owner must act reasonably to prevent what might be a dangerous condition. Though the safest thing to do is eliminate the hazard altogether, it can also be acceptable just to make the hazard clear to see.

It is important to note that there is also a standard to the visitor or guest to avoid acting in a careless manner that might lead to their injury. If there is substantial evidence that the victim was failing to act reasonably, then they will have immense difficulty receiving any compensation through premises liability.

This standard is in place because of the very real danger that an unnoticeable tripping hazard has on any person, especially if they are elderly or disabled. Falling can lead to broken bones, concussions, and costly emergency room visits. The severity of this should not be trivialized by property owners, and the importance of eliminating or labeling tripping hazards and other dangers cannot be emphasized enough.

If you have been the victim of a tripping and falling accident caused by an unnoticeable hazard, you should contact an experienced personal injury attorney Atlanta GA trusts right away to see if you will be able to receive compensation for your injuries and medical expense. The carelessness of others should not be a cost to you, and with the help of a skilled premise liability attorney you can rest easy and focus on healing, without the stress of lengthy legal battle.

Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into premises liability.

As per the National Highway Transportation Safety Administration (NHTSA), 4,976 people died in motorcycle accidents in 2015. About 88,000 more were injured. The year before that, the NHTSA determined that motorcyclists were 27 times more likely to die and five times more likely to be injured in a crash than drivers or occupants of passenger vehicles.

There’s no question that motorcyclists have the same rights on the road as drivers of other motor vehicles. If a motorcyclist is injured as a result of the carelessness and negligence of somebody else, he or she has every right to bring a personal injury claim or lawsuit against the person or entity that caused the crash. Nearly all claims of this type are based on the law of negligence.

Negligence

About 98 percent of the motorcycle accident cases that we file on behalf of our clients are brought under the law of negligence. In order to sustain your case, we have to prove the elements of negligence. These elements are:

• The person who you claim was at fault for the accident owed you a duty of care
• He or she breached that duty
• The breach of that duty caused the crash
• The crash was the proximate cause of your injuries
• You suffered legally recognized damages

Every one of those elements must be proved. If we’re not able to prove any one of those elements, the claim fails in its entirety. If we think that we can prove the elements, you’re likely to have a personal injury claim.

What Is a Claim?

In the claim stage, we might deal directly with the insurer of the party who caused your motorcycle crash and injuries. There’s no judge or jury because no lawsuit has been filed. If the claim doesn’t settle, a lawsuit is often filed to protect the statute of limitations.

The Statute of Limitations

Every state has a period of time within which a personal injury lawsuit must be filed. If a person fails to file their personal injury lawsuit within the time prescribed by the statute of limitations, it’s highly likely that the court will dismiss their case permanently. Remember that a claim is not a lawsuit. In some states, the statute of limitations might be as short as one year, and in other states, it might be as long as four years.

Damages in Your Claim or Lawsuit

Once all of the elements of negligence have been proved, you’re entitled to an award of damages. Although every state is somewhat different, the damages generally awardable in personal injury cases consist of:

• Past and future medical, therapy, and rehabilitation bills
• Past and future lost earnings
• Any permanent disfigurement
• Any permanent disability
• Pain and suffering
• Loss of a normal life

In the event that a motorcyclist died as a result of a crash, other damages can be awarded in a wrongful death claim. Since every state has its own wrongful death statute, reference must be made to your state’s statute to find out what damages might be available. An experienced motorcycle accident lawyer Memphis TN trusts can provide you with more clarity with regards to this.

Comparative Negligence

If a percentage of liability for the accident is attributable to you, the damages award might be reduced accordingly. Be aware of your state’s comparative negligence laws. Once again, an attorney can provide legal guidance.

The most important thing that a motorcyclist can do after an accident is to contact a motorcycle accident attorney right away. Our office offers free consultations and case evaluations that help motorcyclists determine whether they have a case. If it’s determined that there is a case, we’ll advise him or her when the statute of limitations on it will expire.

Thanks to our friends and contributors from Wiseman Bray PLLC for their insight into motorcycle accident cases.